{"id":"parole-act-1971","name":"Parole Act 1971","slug":"parole-act-1971","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30463,"registerId":"nt-parole-act-1971-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parole Act 1971","content":"NORTHERN TERRITORY OF AUSTRALIA\nPAROLE ACT 1971\nAs in force at 8 April 2025\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n3AA Parole period ................................................................................... 3\n3AB Application to youth detainees ......................................................... 3\nPart 2 Administrative matters\nDivision 1 Parole Board\n3A Parole Board established................................................................. 4\n3B Membership of Board ...................................................................... 4\n3C Chairperson of Board ...................................................................... 5\n3D Appointment of persons to act as appointed members.................... 5\n3E Resignation of appointed members ................................................. 6\n3EA Removal from office of appointed members .................................... 6\n3EB Constitution of Board for different matters ....................................... 6\n3F Meetings of Board ........................................................................... 7\n3FA Appointment of proxy by Commissioner of Correctional\nServices ........................................................................................... 8\n3H Board to prepare annual report........................................................ 8\n3HA Exclusion of rules of natural justice ................................................. 8\n3J Actions not to lie against members or probation and parole\nofficers ............................................................................................. 9\n3K Secretary to the Board ..................................................................... 9\nDivision 2 Probation and parole officers\n3R Functions of probation and parole officers ....................................... 9\nPart 3 Parole orders\n4 Chairperson may require attendance of prisoner........................... 10\n4A Expert advice or opinion ................................................................ 10\n4B Release on parole of prisoner serving life imprisonment for\nmurder ........................................................................................... 10\n4C Sanctions matrix ............................................................................ 11\n5 Release on parole ......................................................................... 11\n5A Parole order conditions .................................................................. 12\n\nParole Act 1971 ii\n5B Amendment or revocation of parole order – before expiry of\nparole period.................................................................................. 13\n5C Commission of offence or contravention of condition during\nparole period.................................................................................. 13\n5D Parole order taken to be revoked .................................................. 14\n5E Requirements when sanctions regime condition of parole\norder .............................................................................................. 15\n5F Application of sanctions regime ..................................................... 15\n5G Arrest of person ............................................................................. 16\n6 Cancellation of parole by court ...................................................... 17\n7 Issue of warrant where parole order revoked or cancelled ............ 17\n8 Remand of person ......................................................................... 18\n9 Release of person on bail .............................................................. 18\n10 Appeal from decision to cancel parole order.................................. 18\n11 Service of term of imprisonment .................................................... 19\n13 Release of person on parole after revocation or cancellation of\nprevious parole order..................................................................... 19\n13A Release on parole after serving sanction ...................................... 19\n13B Effect of serving sanction on sentence .......................................... 20\n14 Effect of parole order on sentence................................................. 21\n14A Alternative conditions under sanctions regime when\nre-released on parole .................................................................... 21\n15 Remission already earned before parole order revoked or\ncancelled ....................................................................................... 21\nPart 4 Miscellaneous matters\n16 Exercise of Royal prerogative of mercy and operation of other\nCommonwealth laws or Territory laws ........................................... 22\n17 Regulations.................................................................................... 22\nPart 5 Transitional matters for Parole Amendment\nAct 2016\n18 Definitions ...................................................................................... 22\n19 Application of amendments ........................................................... 22\nPart 6 Transitional matters for Parole Amendment\nAct 2017\n20 Application of amendments ........................................................... 23\nPart 7 Transitional matters for Parole Amendment\nAct 2021\n21 Definitions ...................................................................................... 23\n22 Change in membership of the Board ............................................. 23\n\nParole Act 1971 iii\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 8 April 2025\n____________________\nPAROLE ACT 1971\nAn Act relating to sentences of imprisonment imposed on, and the\nrelease on parole of, certain persons found guilty of offences\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Parole Act 1971.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act:\nappointed member means a member of the Board appointed\nunder section 3B(1A) or (2).\napproved monitoring device, see section 165 of the Correctional\nServices Act 2014.\nChairperson means the Chairperson of the Board under\nsection 3C.\ncourt means the Supreme Court or Local Court.\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\nnon-parole period, see section 3(1) of the Sentencing Act 1995.\noffence means an offence against a law (other than a\nCommonwealth Act or regulations under a Commonwealth Act) in\nforce in the Territory.\n\nPart 1 Preliminary matters\nParole Act 1971 2\noffender means a person convicted of an offence against a law\n(other than a Commonwealth Act or regulations under a\nCommonwealth Act) in force in the Territory.\nparole order means an order made under section 5(2) and, if such\nan order has been amended, means the order as amended.\nparole period, see section 3AA.\npolice officer means:\n(a) a member of the Police Force of the Territory; or\n(b) a member of the Australian Federal Police.\nprisoner, see section 6 of the Correctional Services Act 2014.\nprobation and parole officer, see section 4 of the Correctional\nServices Act 2014.\nrelevant offence, see section 5(1).\nsanction means a period of a person's sentence of imprisonment\nwhich must be served in a custodial correctional facility by the\nperson under the sanctions matrix.\nsanctions matrix, see section 4C.\nsanctions regime means the application of the sanctions matrix to\nan instance of non-compliance with a condition of a person's parole\norder.\nthe Board means the Parole Board of the Northern Territory\nestablished under this Act.\n(3) For this Act, a person is taken to have served a term of\nimprisonment:\n(a) when the person is discharged from imprisonment; or\n(b) when the person would, but for the fact that the person is\nserving another term of imprisonment, have been discharged\nfrom imprisonment.\n\nPart 1 Preliminary matters\nParole Act 1971 3\n3AA Parole period\n(1) The parole period, in relation to a person who is released from the\ncustody of the Commissioner of Correctional Services under a\nparole order, is the period:\n(a) commencing on the day on which the person is released from\ncustody; and\n(b) expiring:\n(i) on the day on which the term of imprisonment to which\nthe person was sentenced expires; or\n(ii) if the parole order in relation to the person is revoked or\ncancelled – on the date of the revocation or cancellation.\n(2) However, if the person's parole order contains a condition that the\nsanctions regime applies in relation to the order – any time served\nin custody as a sanction does not form part of the parole period.\n3AB Application to youth detainees\n(1) This Act applies to a youth detainee as if:\n(a) a reference to a prisoner or offender were a reference to the\nyouth detainee; and\n(b) a reference to imprisonment included a reference to detention;\nand\n(c) the reference to the Sentencing Act 1995 in section 5(1)\nincluded a reference to the Youth Justice Act 2005; and\n(d) a reference to the Commissioner of Correctional Services,\nother than a reference in Part 2, included a reference to the\nCEO (Youth Justice); and\n(e) a reference to the Local Court were a reference to the Youth\nJustice Court; and\n(f) a reference to a custodial correctional facility were a reference\nto a detention centre; and\n(g) a reference to a probation and parole officer included a\nreference to a community youth justice officer; and\n(h) a reference to an approved monitoring device were a\nreference to an approved monitoring device as defined in\nsection 5(1) of the Youth Justice Act 2005.\n\nPart 2 Administrative matters\nDivision 1 Parole Board\nParole Act 1971 4\n(2) In this section:\nCEO (Youth Justice) means the Chief Executive Officer (as\ndefined in section 19 of the Public Sector Employment and\nManagement Act 1993) of the Agency responsible for youth justice.\ncommunity youth justice officer, see section 5(1) of the Youth\nJustice Act 2005.\ndetention centre, see section 5(1) of the Youth Justice Act 2005.\nyouth detainee means a detainee as defined in section 5(1) of the\nYouth Justice Act 2005.\nYouth Justice Court means the Youth Justice Court continued in\nexistence by section 45 of the Youth Justice Act 2005.\nPart 2 Administrative matters\nDivision 1 Parole Board\n3A Parole Board established\nFor this Act, there is a board to be known as the Parole Board of\nthe Northern Territory.\n3B Membership of Board\n(1) The Board must have 18 members who are to be:\n(a) a lawyer who has been admitted to the legal profession for at\nleast 10 years; and\n(b) the Commissioner of Correctional Services; and\n(c) 2 police officers nominated by the Commissioner of Police;\nand\n(d) 2 persons, each of whom is:\n(i) a medical practitioner; or\n(ii) a person registered under the Health Practitioner\nRegulation National Law to practise in the psychology\nprofession (other than as a student); and\n(e) 2 persons, each of whom represents the interests of victims of\ncrime; and\n\nPart 2 Administrative matters\nDivision 1 Parole Board\nParole Act 1971 5\n(f) 10 persons who reflect, as closely as possible, the\ncomposition of the community at large and include women and\nAboriginals and Torres Strait Islanders.\n(1A) The member mentioned in subsection (1)(a):\n(a) is to be appointed in writing by the Administrator; and\n(b) holds office for 5 years but, subject to sections 3E and 3EA,\nmay continue to hold office beyond 5 years until the\nappointment of a successor; and\n(c) is eligible for re-appointment.\n(2) A member mentioned in subsection (1)(d), (e) or (f):\n(a) is to be appointed in writing by the Administrator; and\n(b) holds office for 3 years commencing on the date of\nappointment; and\n(c) is eligible for re-appointment.\n(3) The validity of a decision or direction of the Board is not affected by\na vacancy in the membership of the Board.\n3C Chairperson of Board\nThe member mentioned in section 3B(1)(a) is the Chairperson of\nthe Board.\n3D Appointment of persons to act as appointed members\n(1) The Minister may appoint a person to act as an appointed member:\n(a) during a vacancy in the office of the member, whether or not\nan appointment has previously been made to the office; or\n(b) during any period, or during all periods, when the member is\nfor any reason unable to perform the functions of the office.\n(2) A person appointed to act under subsection (1) during a vacancy in\nan office must not act in that office continuously for more than\n12 months.\n(3) A person is not to be appointed to act under subsection (1) as an\nappointed member unless the person is eligible to be appointed as\nsuch a member.\n\nPart 2 Administrative matters\nDivision 1 Parole Board\nParole Act 1971 6\n(4) Anything done by or in relation to a person purporting to act in\npursuance of an appointment under subsection (1) is not invalid on\nthe ground:\n(a) the appointment was ineffective or had ceased to have effect;\nor\n(b) the occasion to act had not arisen or had ceased.\n3E Resignation of appointed members\nAn appointed member may resign his or her office by writing signed\nby the member and given to the Minister.\n3EA Removal from office of appointed members\n(1) The Administrator must terminate the appointment of an appointed\nmember if the member ceases to be eligible for appointment as\nsuch a member.\n(2) The Administrator may terminate the appointment of an appointed\nmember for inability, inefficiency, misconduct, or physical or mental\nincapacity.\n3EB Constitution of Board for different matters\n(1) For a matter relating to a prisoner who is serving a term of\nimprisonment for life for the offence of murder, the Board is\nconstituted by:\n(a) the Chairperson; and\n(b) the Commissioner of Correctional Services; and\n(c) 8 other members of the Board nominated by the Chairperson:\n(i) one of whom must be a member mentioned in\nsection 3B(1)(c); and\n(ii) one of whom must be a member mentioned in\nsection 3B(1)(d); and\n(iii) one of whom must be a member mentioned in\nsection 3B(1)(e); and\n(iv) 5 of whom must be members mentioned in\nsection 3B(1)(f).\n\nPart 2 Administrative matters\nDivision 1 Parole Board\nParole Act 1971 7\n(2) For a matter relating to any other prisoner, the Board is constituted\nby:\n(a) the Chairperson; and\n(b) the Commissioner of Correctional Services; and\n(c) 4 other members of the Board nominated by the Chairperson:\n(i) one of whom must be a member mentioned in\nsection 3B(1)(c); and\n(ii) one of whom must be a member mentioned in\nsection 3B(1)(e); and\n(iii) 2 of whom must be members mentioned in\nsection 3B(1)(f); and\n(d) if the Chairperson considers it desirable – one other member\nof the Board nominated by the Chairperson who must be a\nmember mentioned in section 3B(1)(d).\n(3) For any other matter, the Board is constituted by all members of the\nBoard.\n3F Meetings of Board\n(1) The Board must meet as often as the Chairperson thinks\nnecessary.\n(2) A meeting of the Board must be convened by the Chairperson, or\nby the Secretary to the Board on the direction of the Chairperson,\nby notice in writing to the other members of the Board, and must be\nheld at the time and place specified in the notice.\n(3) The Chairperson must preside at all meetings of the Board.\n(4) At a meeting of the Board, a quorum is constituted by the following\nmembers present in person or by proxy appointed under\nsection 3FA:\n(a) for a matter relating to a prisoner who is serving a term of\nimprisonment for life for the offence of murder – the\nChairperson and 7 other members;\n(b) for a matter relating to any other prisoner – the Chairperson\nand 3 other members;\n(c) for any other matter – the Chairperson and 9 other members.\n\nPart 2 Administrative matters\nDivision 1 Parole Board\nParole Act 1971 8\n(5) At a meeting of the Board:\n(a) questions of law are to be determined by the Chairperson; and\n(b) questions (other than questions of law) concerning the release\non parole of a prisoner who is serving a term of imprisonment\nfor life for the offence of murder are to be determined by a\nunanimity of votes; and\n(c) all other questions are to be determined by a majority of votes.\n(6) The Chairperson has a deliberative vote and, in the event of an\nequality of votes on a question to be determined by a majority of\nvotes, also has a casting vote.\n(7) The Secretary to the Board must keep a record of its proceedings.\n(8) Subject to this Act, the procedure at meetings of the Board must be\nas the Board determines.\n3FA Appointment of proxy by Commissioner of Correctional\nServices\n(1) If the Commissioner of Correctional Services is unable to attend a\nmeeting of the Board, the Commissioner may appoint a person\n(excluding another member of the Board) to attend and vote at the\nmeeting as the Commissioner's proxy.\n(2) The appointment of the proxy must be in writing given to the\nChairperson before the meeting.\n3H Board to prepare annual report\n(1) The Board must, as soon as practicable after each 31 December,\nprepare and give to the Minister a report of its activities during the\nyear ended on that date.\n(2) The Minister must table a copy of the report within 10 sitting days\nafter receiving it.\n3HA Exclusion of rules of natural justice\nSubject to this Act, the rules known as the rules of natural justice\n(including any duty of procedural fairness) do not apply to or in\nrelation to a decision or action of the Chairperson or direction of the\nBoard under this Act.\n\nPart 2 Administrative matters\nDivision 2 Probation and parole officers\nParole Act 1971 9\n3J Actions not to lie against members or probation and parole\nofficers\n(1) An action or proceeding, whether civil or criminal, does not lie\nagainst a member of the Board or probation and parole officer for or\nin respect of an act or thing done in good faith by the member or\nprobation and parole officer in his or her capacity as member or\nprobation and parole officer, as the case may be.\n(2) An act or thing is taken to have been done in good faith if the\nmember of the Board or probation and parole officer by whom the\nact or thing was done was not actuated by ill-will to the person\naffected or by any other improper motive.\n3K Secretary to the Board\n(1) The Minister may appoint a person to be Secretary to the Board.\n(2) Subject to the directions of the Minister, the Secretary to the Board\nmust:\n(a) act generally as secretary to the Board; and\n(b) record minutes of meetings of the Board; and\n(c) prepare the agenda of parole cases for each meeting of the\nBoard at which parole cases are to be considered; and\n(d) prepare parole orders and other documents as directed by the\nBoard; and\n(e) carry out such other duties as directed by the Board or\nChairperson.\nDivision 2 Probation and parole officers\n3R Functions of probation and parole officers\nIt is the duty of a probation and parole officer:\n(a) to supervise persons released on parole as assigned by the\nBoard; and\n(aa) to supervise persons made subject to the supervision of a\nprobation and parole officer under a non-custodial supervision\norder within the meaning of Part IIA of the Criminal Code; and\n(b) to prepare reports as required by the Board; and\n\nPart 3 Parole orders\nParole Act 1971 10\n(c) to maintain case records and statistics as required by the\nBoard; and\n(d) to carry out the directions of the Board in relation to a parole\norder; and\n(e) to investigate and make reports to the Board on the\nemployment and place of living available to each person\napplying for release on parole; and\n(f) to perform such other duties as directed by the Board or\nChairperson.\nPart 3 Parole orders\n4 Chairperson may require attendance of prisoner\nThe Chairperson may require a prisoner to be brought before a\nmeeting of the Board at which a matter relating to the prisoner is to\nbe considered, if the Chairperson considers it necessary or\ndesirable.\n4A Expert advice or opinion\nThe Board may, in considering a matter, seek the advice or opinion\nof an expert on the matter.\n4B Release on parole of prisoner serving life imprisonment for\nmurder\n(1) This section applies if the Board is considering the release on\nparole of a prisoner who is serving a term of imprisonment for life\nfor the crime of murder.\n(2) The Board may invite persons to make submissions on the matter\nto the Board, including the following persons:\n(a) members of the victim's family;\n(b) if the prisoner is an Aboriginal or Torres Strait Islander who\nidentifies with a particular community of Aboriginals or Torres\nStrait Islanders – representatives of that community.\n(3) In considering the matter, the Board must have regard to the\nprinciple that the public interest is of primary importance and, in\ndoing so, must give substantial weight to the following matters:\n(a) the protection of the community as the paramount\nconsideration;\n\nPart 3 Parole orders\nParole Act 1971 11\n(b) the likely effect of the prisoner's release on the victim's family;\n(c) if the prisoner is an Aboriginal or Torres Strait Islander who\nidentifies with a particular community of Aboriginals or Torres\nStrait Islanders – the likely effect of the prisoner's release on\nthat community.\n(4) The Board must not make a parole order in relation to the prisoner\nunless the Board considers that the prisoner has cooperated\nsatisfactorily in the investigation of the offence to identify the\nlocation, or the last known location, of the remains of the victim of\nthe offence.\n(5) For subsection (4), the cooperation may occur before or after the\nprisoner was sentenced to imprisonment.\n(6) For subsection (4), the Board must take into account any report by\nthe Commissioner of Police evaluating the prisoner's cooperation in\nthe investigation of the offence that is tendered to the Board.\n(7) The Commissioner of Police, in preparing a report as mentioned in\nsubsection (6), must evaluate the following:\n(a) the nature and extent of the prisoner's cooperation;\n(b) the timeliness of the cooperation;\n(c) the truthfulness, completeness and reliability of any\ninformation or evidence provided by the prisoner;\n(d) the significance and usefulness of the prisoner's cooperation.\n(8) The Board must give reasons for any decision or direction of the\nBoard on the matter and those reasons must be included in the\nrecord of its proceedings kept under section 3F(7).\n4C Sanctions matrix\nThe Chairperson may, on behalf of the Board, from time to time, by\nGazette notice, determine a schedule of sanctions\n(the sanctions matrix) for non-compliance with conditions of a\nparole order.\n5 Release on parole\n(1) This section applies in relation to a person who is serving a term of\nimprisonment for an offence (the relevant offence) for which a\nnon-parole period has been fixed under this Act or the\nSentencing Act 1995.\n\nPart 3 Parole orders\nParole Act 1971 12\n(2) The Board may, by written order (a parole order), direct that the\nperson be released from custody on parole at a time after the expiry\nof the non-parole period fixed by the sentencing court.\n(3) A parole order in relation to a person is sufficient authority for the\nrelease of the person from a custodial correctional facility.\nNote for section 5\nAnother law may specify circumstances in which a parole order cannot be made.\nSee for example sections 12(2) and 29(2) of the Serious Sex Offenders Act 2013.\n5A Parole order conditions\n(1) It is a condition of a parole order that the person to whom the order\nrelates, during the parole period:\n(a) is subject to supervision by a probation and parole officer; and\n(b) must comply with all reasonable directions of the probation\nand parole officer.\n(2) A parole order is also subject to any other conditions specified in\nthe order.\n(3) Without limiting subsection (2), conditions specified in a parole\norder may include any of the following:\n(a) that the person to whom the order relates must reside at a\nspecified place;\n(b) that the person is subject to monitoring (but not if the person is\na youth, unless the person was found guilty of the relevant\noffence by the Supreme Court);\n(c) that the sanctions regime applies in relation to instances of\nnon-compliance with the conditions of the order.\n(4) In this section:\nmonitoring, of a person, means one or more of the following:\n(a) the person must:\n(i) wear or have attached, and not tamper with, destroy or\notherwise interfere with, an approved monitoring device\nduring the period the person is on parole, or a lesser\nperiod fixed by the Board; and\n(ii) allow the placing or installation in, and retrieval from, a\nspecified place of anything necessary for the effective\noperation of the device;\n\nPart 3 Parole orders\nParole Act 1971 13\n(b) the person must give a spoken sample of the person's voice\nfor use with an approved monitoring device.\n5B Amendment or revocation of parole order – before expiry of\nparole period\n(1) At any time before the expiry of a person's parole period, the\nChairperson may:\n(a) amend a parole order in relation to the person by:\n(i) varying or revoking a condition of the order (other than\nthe condition mentioned in section 5A(1)); or\n(ii) imposing additional conditions, including a condition that\nthe sanctions regime applies in relation to instances of\nnon-compliance with the conditions of the order; or\n(b) revoke the parole order.\n(2) An amendment under subsection (1)(a) of a condition of a person's\nparole order:\n(a) does not have effect until notice of the variation, revocation or\ndetermination is given to the person; and\n(b) has no effect if notice is not given to the person before the\nexpiry of the parole period.\n5C Commission of offence or contravention of condition during\nparole period\n(1) This section applies in relation to the following persons to whom a\nparole order relates:\n(a) a person who:\n(i) is found guilty, whether before or after the expiry of the\nparole period under the order, of an offence committed\nduring the parole period; and\n(ii) is sentenced for that offence to a sentence that does not\ninclude a term of actual imprisonment;\n(b) a person who:\n(i) is proceeded against, whether before or after the expiry\nof the parole period under the order, for an offence\ncommitted during the parole period; and\n\nPart 3 Parole orders\nParole Act 1971 14\n(ii) who is released by the court on condition as to future\ngood behaviour or any other condition;\n(c) a person who, during the parole period under the order, failed\nto comply with a condition of the order.\n(2) The Chairperson may, by written order, direct that the person's\nparole order be revoked even after the parole period has expired.\n(3) The Chairperson cannot make an order under subsection (2) after\nthe parole period has expired if, before the expiry, the Chairperson\nwas aware of the relevant matter mentioned in subsection (1)(a),\n(b) or (c).\n(4) If the Chairperson makes an order under subsection (2), the parole\norder is taken to have been revoked immediately before the expiry\nof the parole period.\n(5) In this section:\noffence includes an offence against a law of the Commonwealth, a\nState or another Territory.\n5D Parole order taken to be revoked\n(1) This section applies in relation to a person who:\n(a) while on parole, commits an offence; and\n(b) is sentenced to a term of imprisonment for the offence.\n(2) The parole order is taken to have been revoked at the time of\nsentencing or, if the parole period has already expired immediately\nbefore the expiry of the parole period.\n(3) Despite subsection (2), the person's parole order is not taken to\nhave been revoked if the term of imprisonment mentioned in\nsubsection (1)(b) is wholly suspended.\n(4) However, if the suspended term of imprisonment is wholly or\npartially restored, the parole order is taken to be revoked when the\nperson is committed into the custody of the Commissioner of\nCorrectional Services.\n(5) In this section:\noffence includes an offence against a law of the Commonwealth, a\nState or another Territory.\n\nPart 3 Parole orders\nParole Act 1971 15\n5E Requirements when sanctions regime condition of parole\norder\n(1) This section applies if the sanctions regime applies in relation to a\nperson's parole order.\n(2) If this section applies:\n(a) the person must be given a copy of the sanctions matrix; and\n(b) a probation and parole officer must explain to the person the\nconsequences of non-compliance with the conditions of the\nparole order; and\n(c) the person must acknowledge that the person has been given\na copy of the sanctions matrix and the consequences of\nnon-compliance have been explained to the person.\n(3) Subsection (2) must be complied with:\n(a) if section 5A(3)(c) applies – before the person is released on\nparole; or\n(b) if section 5B(1)(a)(ii) applies – as soon as practicable after the\nChairperson amends the parole order.\n5F Application of sanctions regime\n(1) This section applies if a person's parole order includes a condition\nthat the sanctions regime applies to the person's parole order.\n(2) If a probation and parole officer believes on reasonable grounds\nthat an instance of non-compliance with a condition of the person's\nparole order has occurred, the officer must give a written report\nabout the matter to the Chairperson as soon as practicable after the\ninstance of non-compliance.\n(3) If the Chairperson is satisfied that an instance of non-compliance\nhas occurred, the Chairperson may:\n(a) issue a written warning; or\n(b) impose the applicable sanction under the sanctions matrix; or\n(c) revoke the person's parole order; or\n(d) take no action.\n(4) A sanction imposed under subsection (3)(b) must not have the\neffect of extending the term of imprisonment imposed at sentence.\n\nPart 3 Parole orders\nParole Act 1971 16\n(5) If the Chairperson decides that sanctions under the sanctions\nmatrix are to be imposed in relation to multiple instances of\nnon-compliance, the total sanction imposed must not be greater\nthan the longest of the individual sanctions that apply in relation to\nthe instances of non-compliance.\n(6) If, under subsection (3)(b) the Chairperson imposes a sanction\nunder the sanctions matrix, the Chairperson must, by written order:\n(a) state that the Chairperson has imposed a sanction under\nsubsection (3)(b); and\n(b) specify the nature of the non-compliance and the sanction\nimposed.\n(7) The written order is authority for a police officer to arrest the person\nand bring the person before the Local Court.\n(8) The Local Court must issue a warrant of commitment of the person\ninto the custody of the Commissioner of Correctional Services to\nserve the period specified in the Chairperson's order as a sanction\nas part of the original sentence of imprisonment if:\n(a) the person:\n(i) is brought before the court in accordance with\nsubsection (7); or\n(ii) otherwise appears before the court; and\n(b) the court is satisfied that the Chairperson has made an order\nunder subsection (6), imposing a sanction under the sanctions\nmatrix.\n(9) The effect of a person's parole order is suspended by the warrant of\ncommitment mentioned in subsection (8).\n5G Arrest of person\n(1) This section applies if:\n(a) a parole order in relation to a person is revoked; or\n(b) the person to whom a parole order relates has, during the\nparole period, whether or not that period has already expired,\nfailed to comply with a condition of the parole order; or\n(c) there are reasonable grounds for suspecting that a person has\nfailed to comply with a condition of a parole order that relates\nto the person.\n\nPart 3 Parole orders\nParole Act 1971 17\n(2) A police officer may:\n(a) if the person is in the Territory – arrest the person without a\nwarrant; or\n(b) if the person is, or if there are reasonable grounds for\nsuspecting the person is, in a State or another Territory – with\na warrant mentioned in subsection (3), arrest the person.\nNote for subsection (2)\nSection 126AB of the Police Administration Act 1978 also confers a power on a\nmember of the Police Force of the Territory to enter a place for the purpose of\narresting a person mentioned in paragraph (a).\n(3) A court may, on application by the Director of Public Prosecutions,\nissue a warrant authorising a police officer to arrest a person\nmentioned in subsection (2)(b).\n(4) If a police officer arrests a person under this section, the officer\nmust, as soon as practicable, bring the person before the Local\nCourt.\n6 Cancellation of parole by court\n(1) If a police officer arrests a person in the circumstances specified in\nsection 5G(1)(b) or (c), the court before which the person is brought\nmay, in its absolute discretion but subject to subsection (2), cancel\nthe parole order.\n(2) The court must not, under subsection (1), cancel a parole order\nunless it is satisfied that the person has failed, without reasonable\nexcuse, to comply with a condition of the parole order.\n(3) Where the court cancels a parole order and the parole period in\nrelation to the order has already expired, the parole order is taken\nto have been cancelled as from the time immediately before the\nexpiration of the parole period.\n7 Issue of warrant where parole order revoked or cancelled\nThe Local Court must issue a warrant of commitment of a person\ninto the custody of the Commissioner of Correctional Services to\nserve the part of the term of imprisonment to which the parole order\nrelates that the person has not served, if:\n(a) the person is:\n(i) brought before the Local Court under section 5G(4); or\n(ii) appears before the Local Court; and\n\nPart 3 Parole orders\nParole Act 1971 18\n(b) the court is satisfied that the parole order in relation to the\nperson has been revoked or the court cancels the parole order\nin relation to the person.\n8 Remand of person\n(1) Where a person has been brought before the Local Court under\nsection 5G(4), the court may defer or adjourn the hearing of the\nmatter and may:\n(a) by warrant from time to time remand the person into the\ncustody of the Commissioner of Correctional Services until the\ntime appointed for continuing the hearing; or\n(b) grant the person bail in accordance with the Bail Act 1982.\n9 Release of person on bail\n(1) Where:\n(a) a warrant has been issued in respect of a person under\nsection 7; and\n(b) an appeal is instituted by the person in pursuance of\nsection 10;\nthe Local Court may, on the application of the person, grant the\nperson bail in accordance with the Bail Act 1982.\n(2) Where an appeal under section 10 is allowed, a bail undertaking\nand any bail conditions entered into pursuant to a grant of bail\nunder subsection (1) ceases to have effect.\n(3) Where a person has been released on bail pursuant to a grant of\nbail made under subsection (1), a warrant issued under section 7 in\nrespect of the person must not, unless the person fails to comply\nwith the person's bail undertaking or an agreement entered into by\nthe person pursuant to a bail condition, be executed or further\nexecuted before the appeal is disposed of.\n10 Appeal from decision to cancel parole order\n(1) Where the Local Court, in pursuance of section 6, cancels a parole\norder, the person to whom the order relates may appeal to the\nSupreme Court against the cancellation and the Supreme Court\nmust:\n(a) if it is satisfied that the ground on which the parole order was\ncancelled has been established – confirm the cancellation; or\n\nPart 3 Parole orders\nParole Act 1971 19\n(b) if it is not so satisfied – order that the cancellation and any\nwarrant issued as a result of the cancellation cease to have\neffect.\n(2) An appeal under subsection (1) is by way of re-hearing, but the\nSupreme Court may have regard to any evidence given before the\nLocal Court.\n11 Service of term of imprisonment\n(1) This section applies if:\n(a) a parole order in relation to a person is revoked or cancelled\nand the person is taken into custody under this Act; or\n(b) a person is taken into custody to serve a sanction.\n(2) During any period of custody as mentioned in subsection (1)(a)\nor (b), the person is taken to be serving the part of the term of\nimprisonment that remained to be served at the commencement of\nthe person's parole period (the remainder).\n(3) For a person mentioned in subsection (1)(b), any time spent in\ncustody between the person's arrest under section 5F(7) and the\ntime the person enters into the custody of the Commissioner of\nCorrectional Services under section 5F(8) is taken to be time\nserved as part of the remainder.\n(4) In accordance with subsection (3), the Local Court must backdate\nthe warrant of commitment issued under section 5F(8) to reflect the\ntime the person spent in custody after the person's arrest.\n13 Release of person on parole after revocation or cancellation of\nprevious parole order\nA parole order may be made in relation to a person even if a\nprevious parole order in relation to the person has been revoked or\nis taken to have been revoked, or has been cancelled.\n13A Release on parole after serving sanction\n(1) This section applies if a person has served a sanction.\n\nPart 3 Parole orders\nParole Act 1971 20\n(2) At the completion of serving the sanction, the person is to be\nreleased again on parole and, while on parole, continues to be\nsubject to the parole order originally applying to the person when\nthe sanction was imposed.\nNote for subsection (2)\nSection 14A provides for circumstances where the parole order originally\napplying may be modified.\n(3) A probation and parole officer must, before the person is released\nunder the parole order originally applying to the person or as soon\nas practicable after the person's release:\n(a) explain to the person that the sanctions regime will continue to\napply as a condition of the person's parole order, and warn the\nperson accordingly; and\n(b) advise the person that the person will continue to be\nsupervised by a probation and parole officer until the parole\nperiod expires or the person's parole order is revoked or\ncancelled.\n13B Effect of serving sanction on sentence\n(1) This section applies if a person's parole order includes a condition\nthat the sanctions regime applies to the order.\n(2) Subject to subsection (3) the expiry of the parole period is\nunaffected by the imposition of a sanction.\n(3) If the person's parole order is revoked or cancelled, in determining\nthe time remaining to be served under the person's sentence of\nimprisonment, only the time the person has spent in custody is\ntaken into account as time already served, including:\n(a) time spent in custody before the person was initially released\non parole; and\n(b) time spent in custody serving a sanction.\nNote for section 13B\nThe effect of subsections (2) and (3) is that the person receives \"credit\" for time\nspent in the community under a parole order as well as time served as a\nsanction, but if the parole order is revoked or cancelled, there is no \"credit\" for\ntime spent in the community.\n\nPart 3 Parole orders\nParole Act 1971 21\n14 Effect of parole order on sentence\n(1) If a parole order that is not subject to the sanctions regime is made\nin relation to a person:\n(a) the person is taken to be still under sentence of imprisonment,\nand not to have served the part of the term of imprisonment\nthat remained to be served at the commencement of the\nparole period, until the parole period expires without the parole\norder being revoked or cancelled or until the person is\notherwise discharged from that imprisonment; and\n(b) if the parole period expires without the parole order being\nrevoked or cancelled, the person is taken to have served the\npart of the term of imprisonment that remained to be served at\nthe commencement of the parole period and to have been\ndischarged from that imprisonment.\n(2) Where a parole order in relation to a person is, under section 5C\nor 5D, taken to have been revoked as from the time immediately\nbefore the expiration of the parole period, subsection (1) has effect\nas if the parole period had not expired without the parole order\nbeing revoked or cancelled.\n(3) Where a parole order in relation to a person is, under section 6(3),\ntaken to have been cancelled as from the time immediately before\nthe expiration of the parole period, subsection (1) has effect as if\nthe parole period had not expired without the parole order being\nrevoked or cancelled.\n14A Alternative conditions under sanctions regime when\nre-released on parole\nWhen a person is released on parole after serving a sanction, the\nChairperson may amend the person's parole order by varying the\nconditions of parole.\n15 Remission already earned before parole order revoked or\ncancelled\nWhere:\n(a) a parole order in relation to a person is revoked or cancelled\nunder this Act; and\n(b) before the revocation or cancellation, the person had earned\nunder a law of the Territory a period of partial remission of the\nsentence of imprisonment in respect of which the parole order\nwas made;\n\nPart 5 Transitional matters for Parole Amendment Act 2016\nParole Act 1971 22\nthe period so earned must, despite this or any other law of the\nTerritory, be deducted from the term of imprisonment that remains\nto be served as a result of the revocation or cancellation of the\nparole order.\nPart 4 Miscellaneous matters\n16 Exercise of Royal prerogative of mercy and operation of other\nCommonwealth laws or Territory laws\nThis Act does not affect:\n(a) the exercise of the Royal prerogative of mercy; or\n(c) the operation of any other law of the Commonwealth, or of any\nlaw in force in the Territory, relating to the release of\noffenders.\n17 Regulations\nThe Administrator may make regulations under this Act.\nPart 5 Transitional matters for Parole Amendment\nAct 2016\n18 Definitions\nIn this Part:\ncommencement means the commencement of the Parole\nAmendment Act 2016.\n19 Application of amendments\n(1) Section 4B applies to the Board on and after the commencement\nwhen considering whether to make a parole order in relation to a\nprisoner who is serving a term of imprisonment for life for the crime\nof murder.\n(2) Section 4B also applies to the Board if:\n(a) a prisoner who is serving a term of imprisonment for life for the\ncrime of murder has been released on parole, whether before\nor after the commencement; and\n(b) the parole of the prisoner is cancelled under section 6 on or\nafter the commencement; and\n\nPart 7 Transitional matters for Parole Amendment Act 2021\nParole Act 1971 23\n(c) that cancellation is not set aside under section 10; and\n(d) the Board is subsequently considering whether to make a\nfurther parole order in relation to the prisoner.\n(3) However, section 4B does not apply to the Board in relation to a\nprisoner:\n(a) who has been released on parole before the commencement\n(unless subsection (2) applies); or\n(b) in relation to whom the Board has made a parole order before\nthe commencement if:\n(i) the prisoner has not been released before the\ncommencement; and\n(ii) the parole order is not revoked before the prisoner is\nreleased under the order.\nPart 6 Transitional matters for Parole Amendment\nAct 2017\n20 Application of amendments\nThis Act, as amended by the Parole Amendment Act 2017\n(the amendment Act), applies in relation to a parole order, even if\nthe parole order was entered into before the commencement of the\namendment Act.\nPart 7 Transitional matters for Parole Amendment\nAct 2021\n21 Definitions\nIn this Part:\namending Act means the Parole Amendment Act 2021.\ncommencement means the commencement of section 5 of the\namending Act.\n22 Change in membership of the Board\n(1) On the commencement, the member of the Board under\nsection 3B(1)(a) immediately before the commencement goes out\nof office.\n\nPart 7 Transitional matters for Parole Amendment Act 2021\nParole Act 1971 24\n(2) Despite the change made to the membership of the Board by\nsection 5 of the amending Act:\n(a) the Board is taken to be the same body after the\ncommencement as it was before the commencement; and\n(b) a matter that was before the Board but not finally determined\nbefore the commencement may be further considered and\ndetermined after the commencement.\n\nENDNOTES\nParole Act 1971 25\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nParole of Prisoners Ordinance 1971 (Act No. 33, 1971)\nAssent date 16 June 1971\nCommenced 10 May 1972 (Gaz No. 19, 10 May 1972, p 161)\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4:\n11 December 1973; s 5: 24 October 1974\nParole of Prisoners Ordinance 1974 (Act No. 46, 1974)\nAssent date 23 September 1974\nCommenced 23 September 1974\nParole of Prisoners Ordinance 1976 (Act No. 61, 1976)\nAssent date 26 November 1976\nCommenced 1 December 1976 (Gaz No. 48A, 30 November 1976, p 1409)\n\nENDNOTES\nParole Act 1971 26\nParole of Prisoners Ordinance 1977 (Act No. 36, 1977)\nAssent date 29 July 1977\nCommenced 9 September 1977 (Gaz No. 36, 9 September 1977, p 4)\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 8)\nLaw Officers Ordinance 1978 (Act No. 61, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\nParole of Prisoners Act 1979 (Act No. 100, 1979)\nAssent date 3 September 1979\nCommenced 3 September 1979\nRemuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980)\nAssent date 14 January 1980\nCommenced 8 February 1980 (Gaz G6, 8 February 1980, p 6)\nStatute Law Revision Act (No. 3) 1981 (Act No. 91, 1981)\nAssent date 21 September 1981\nCommenced 21 September 1981\nStatute Law Revision Act (No. 4) 1981 (Act No. 4, 1982)\nAssent date 12 February 1982\nCommenced 12 February 1982\nParole of Prisoners Amendment Act 1982 (Act No. 9, 1982)\nAssent date 8 April 1982\nCommenced 8 April 1982\nParole of Prisoners Amendment Act (No. 2) 1982 (Act No. 63, 1982)\nAssent date 8 October 1982\nCommenced 29 June 1983 (s 2, s 2 Bail Act 1982 (Act No. 57, 1982) and\nGaz S19, 29 June 1983)\nLaw Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)\nAssent date 10 December 1986\nCommenced 19 December 1986 (Gaz S87, 17 December 1986)\nParole of Prisoners Amendment Act 1987 (Act No. 52, 1987)\nAssent date 16 November 1987\nCommenced 3 February 1988 (s 2, s 2 Criminal Law (Conditional Release\nof Offenders) Amendment Act 1987 (Act No. 53, 1987) and\nGaz S2, 1 February 1988)\nParole of Prisoners Amendment Act 1989 (Act No. 37, 1989)\nAssent date 20 September 1989\nCommenced 1 November 1989 (Gaz G43, 1 November 1989, p 7)\n\nENDNOTES\nParole Act 1971 27\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions\nAct 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991,\np 9)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nParole of Prisoners Amendment Act 1997 (Act No. 8, 1997)\nAssent date 26 March 1997\nCommenced 26 March 1997\nParole of Prisoners Amendment Act 2002 (Act No. 13, 2002)\nAssent date 7 June 2002\nCommenced 15 June 2002 (s 2 Criminal Code Amendment (Mental\nImpairment and Unfitness to be Tried) Act 2002 (Act No. 11,\n2002))\nSentencing (Crime of Murder) and Parole Reform Act 2003 (Act No. 3, 2004)\nAssent date 7 January 2004\nCommenced 11 February 2004 (Gaz G6, 11 February 2004, p 2)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nJustice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011)\nAssent date 31 August 2011\nCommenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4\npt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012\n(Gaz S9, 21 February 2012)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nCriminal Justice Legislation Amendment Act 2011 (Act No. 32, 2011)\nAssent date 15 November 2011\nCommenced 15 February 2012 (Gaz G7, 15 February 2012, p 6)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\n\nENDNOTES\nParole Act 1971 28\nSerious Sex Offenders Act 2013 (Act No. 9, 2013)\nAssent date 3 May 2013\nCommenced 1 July 2013 (Gaz G24, 12 June 2013, p 2)\nParole of Prisoners Amendment Act 2013 (Act No. 40, 2013)\nAssent date 19 December 2013\nCommenced 15 January 2014 (Gaz G2, 15 January 2014, p 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nParole Amendment Act 2014 (Act No. 37, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nParole Amendment Act 2016 (Act No. 28, 2016)\nAssent date 13 July 2016\nCommenced 5 August 2016 (Gaz S85, 5 August 2016)\nParole Amendment Act 2017 (Act No. 17, 2017)\nAssent date 30 August 2017\nCommenced 13 September 2017 (Gaz G37, 13 September 2017, p 6)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nParole Amendment Act 2021 (Act No. 21, 2021)\nAssent date 7 October 2021\nCommenced 8 October 2021 (s 2)\nPolice Administration Legislation Amendment Act 2025 (Act No. 8, 2025)\nAssent date 7 April 2025\nCommenced 8 April 2025 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 5 Parole of Prisoners Ordinance 1976 (Act No. 61, 1976)\ns 4 Parole of Prisoners Ordinance 1977 (Act No. 36, 1977)\ns 6 Parole of Prisoners Act 1979 (Act No. 100, 1979)\ns 6 Parole of Prisoners Amendment Act 1997 (Act No. 8, 1997)\npt 5 Sentencing (Crime of Murder) and Parole Reform Act 2003 (Act No. 3,\n2004)\n\nENDNOTES\nParole Act 1971 29\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 3, 5, 6, 7, 8, 9, 10, 12, 14, and 16.\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 3AB, 5, 8 and 9.\n6 LIST OF AMENDMENTS\nlt amd No. 91, 1981, s 2; No. 17, 1996, s 6\npt 1 hdg ins No. 24, 2011, s 15\ns 1 amd No. 91, 1981, s 2; No. 27, 2014, s 25\ns 2 amd No. 91, 1981, s 2\ns 3 amd No. 61, 1976, s 6; No. 100, 1979, ss 3 and 5; No. 91, 1981, s 2; No. 3,\n2004, s 11; No. 54, 2004, s 7; No. 30, 2011, s 3; No. 24, 2011, ss 12 and 15;\nNo. 27, 2014, s 27; No. 8, 2016, s 45; No. 17, 2017, s 4; No. 21, 2021, s 4\ns 3AA ins No. 17, 2017, s 5\ns 3AB ins No. 19, 2017, s 38\npt 2 hdg ins No. 24, 2011, s 15\npt 2\ndiv 1 hdg ins No. 24, 2011, s 15\ns 3A hdg sub No. 24, 2011, s 15\ns 3A ins No. 61, 1976, s 7\namd No. 91, 1981, s 2; No. 30, 2011, s 3\ns 3B ins No. 61, 1976, s 7\namd No. 36, 1977, s 8; No. 54, 1978, s 3; No. 91, 1981, s 2; No. 37, 1989, s 4\nsub No. 3, 2004, s 12\namd No. 44, 2005, s 22; No. 30, 2011, s 3; No. 17, 2012, s 55; No. 40, 2013,\ns 4; No. 27, 2014, s 27; No. 8, 2016, s 45; No. 21, 2021, s 5\ns 3C ins No. 61, 1976, s 7\namd No. 91, 1981, s 2\nsub No. 3, 2004, s 12\namd No. 30, 2011, s 3; No. 40, 2013, s 9\ns 3D ins No. 61, 1976, s 7\namd No. 36, 1977, s 5\nrep No. 9, 1980, s 6\nins No. 3, 2004, s 12\namd No. 40, 2013, s 9; No. 21, 2021, s 6\ns 3E ins No. 61, 1976, s 7\namd No. 36, 1977, s 8; No. 54, 1978, s 3\nsub No. 3, 2004, s 12\ns 3EA ins No. 3, 2004, s 12\namd No. 40, 2013, s 9; No. 21, 2021, s 7\ns 3EB ins No. 3, 2004, s 12\namd No. 30, 2011, s 3\nsub No. 40, 2013, s 5\namd No. 27, 2014, s 27; No. 37, 2014, s 3; No. 8, 2016, s 45\n\nENDNOTES\nParole Act 1971 30\ns 3F ins No. 61, 1976, s 7\namd No. 91, 1981, s 2; No. 3, 2004, s 13; No. 30, 2011, s 3; No. 40, 2013,\ns 6; No. 8, 2016, s 45\ns 3FA ins No. 40, 2013, s 7\namd No. 27, 2014, s 27\ns 3G ins No. 61, 1976, s 7\namd No. 30, 2011, s 3\nrep No. 28, 2016, s 4\ns 3GA ins No. 3, 2004, s 14\nrep No. 28, 2016, s 4\ns 3GB ins No. 3, 2004, s 14\namd No. 8, 2016, s 45\nrep No. 28, 2016, s 4\ns 3H ins No. 61, 1976, s 7\namd No. 36, 1977, s 8; No. 54, 1978, s 3; No. 3, 2004, s 15; No. 30, 2011, s 3\ns 3HA ins No. 37, 1989, s 5\namd No. 30, 2011, s 3\ns 3J ins No. 61, 1976, s 7\namd No. 30, 2011, s 3; No. 27, 2014, s 27\ns 3K ins No. 61, 1976, s 7\namd No. 36, 1977, ss 6 and 8; No. 54, 1978, s 3; No. 30, 2011, s 3; No. 40,\n2013, s 8\npt 2\ndiv 2 hdg ins No. 24, 2011, s 15\namd No. 27, 2014, s 27\nss 3L – 3N ins No. 61, 1976, s 7\nrep No. 36, 1977, s 7\ns 3P hdg sub No. 24, 2011, s 15\ns 3P ins No. 61, 1976, s 7\namd No. 36, 1977, s 8; No. 54, 1978, s 3; No. 91, 1981, s 2; No. 54, 2004,\ns 7; No. 30, 2011, s 3\nrep No. 27, 2014, s 26\ns 3Q ins No. 61, 1976, s 7\namd No. 30, 2011, s 3\nrep No. 27, 2014, s 26\ns 3R ins No. 61, 1976, s 7\namd No. 13, 2002, s 3; No. 30, 2011, s 3; No. 9, 2013, s 123; No. 27, 2014,\ns 27\ns 4 sub No. 61, 1976, s 8\namd No. 61, 1978, s 4; No. 91, 1981, s 2; No. 48, 1986, s 9; No. 52, 1987,\ns 3; No. 29, 1990, s 7\nrep No. 17, 1996, s 6\nins No. 24, 2011, s 13\nrep No. 27, 2014, s 26\nins No. 28, 2016, s 5\npt 3 hdg ins No. 24, 2011, s 15\ns 4A ins No. 61, 1976, s 8\nrep No. 17, 1996, s 6\nins No. 28, 2016, s 5\ns 4B ins No. 28, 2016, s 5\ns 4C ins No. 17, 2017, s 6\ns 5 amd No. 61, 1976, s 9; No. 100, 1979, ss 4 and 5; No. 91, 1981, s 2; No. 9,\n1982, s 3; No. 48, 1986, s 9; No. 37, 1989, s 6; No. 29, 1990, s 7; No. 50,\n1994, s 16 No. 17, 1996, s 6; No. 8, 1997, s 3; No. 3, 2004, s 16; No. 30,\n2011, s 3; No. 24, 2011, ss 14 and 15; No. 32, 2011, s 19; No. 9, 2013,\ns 124; No. 27, 2014, s 27; No. 8, 2016, s 45\nsub No. 17, 2017, s 6\nss 5A – 5F ins No. 17, 2017, s 6\n\nENDNOTES\nParole Act 1971 31\ns 5G ins No. 17, 2017, s 6\namd No. 8, 2025, s 10\ns 6 amd No. 100, 1979, s 5; No. 9, 1982, s 4; No. 37, 1989, s 7; No. 8, 1997, s 4;\nNo. 30, 2011, s 3; No. 24, 2011, s 15; No. 17, 2017, s 7\ns 7 amd No. 100, 1979, s 5; No. 30, 2011, s 3; No. 8, 2016, s 45\nsub No. 17, 2017, s 8\ns 8 amd No. 100, 1979, s 5; No. 63, 1982, s 4; No. 27, 2014, s 27; No. 8, 2016,\ns 45; No. 17, 2017, s 9\ns 9 amd No. 63, 1982, s 5; No. 30, 2011, s 3; No. 8, 2016, s 45\ns 10 amd No. 30, 2011, s 3; No. 8, 2016, s 45\ns 11 amd No. 91, 1981, s 2; No. 30, 2011, s 3\nsub No. 17, 2017, s 10\ns 12 amd No. 61, 1976, s 10; No. 61, 1978, s 4; No. 100, 1979, s 5; No. 9, 1981,\ns 4; No. 9, 1982, s 5; No. 48, 1986, s 9; No. 37, 1989, s 8\nrep No. 17, 1996, s 6\ns 13 sub No. 61, 1976, s 11\namd No. 30, 2011, s 3\ns 13A – 13B ins No. 17, 2017, s 11\ns 14 amd No. 100, 1979, s 5; No. 91, 1981, s 2; No. 37, 1989, s 9; No. 8, 1997,\ns 5; No. 30, 2011, s 3; No. 17, 2017, s 12\ns 14A ins No. 17, 2017, s 13\ns 15 sub No. 46, 1974, s 3\namd No. 91, 1981, s 2; No. 37, 1989, s 10; No. 30, 2011, s 3; No. 27, 2014,\ns 27\npt 4 hdg ins No. 24, 2011, s 15\ns 16 amd No. 4, 1982, s 3; No. 30, 2011, s 3; No. 24, 2011, s 15\ns 17 amd No. 95, 1978, s 14; No. 91, 1981, s 2; No. 30, 2011, s 3\npt 5 hdg ins No. 28, 2016, s 6\nss 18 – 19 ins No. 28, 2016, s 6\npt 6 hdg ins No. 17, 2017, s 14\ns 20 ins No. 17, 2017, s 14\npt 7 hdg ins No. 21, 2021, s 8\nss 21 – 22 ins No. 21, 2021, s 8","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1971 purpose of basic parole release. Major expansions include: (1) the 2004/2016 amendments adding special victim-focused provisions for murderers including the 'cooperation to locate remains' requirement; (2) the 2017 amendments introducing the complex 'sanctions matrix' regime as an alternative to full revocation; (3) 2017 amendments extending coverage to youth detainees via interpretative substitutions; and (4) multiple amendments expanding Board membership from original provisions to the current 18-member structure with detailed composition rules. The Act now functions as a comprehensive corrections management tool rather than a simple parole release mechanism."},"complexity_factors":["Multiple overlapping mechanisms for dealing with parole breaches: court cancellation (s 6), Chairperson revocation (s 5B), automatic revocation on imprisonment (s 5D), and the sanctions regime (ss 4C, 5E-5F)","Variable Board constitution requirements: 11 members for life/murder cases, 6 for other prisoners, 18 for general matters (s 3EB), with specific composition rules","Complex transitional provisions across three separate amendment Acts (Parts 5, 6, and 7) with different commencement triggers","Extensive cross-referencing to other NT legislation: Correctional Services Act 2014, Sentencing Act 1995, Youth Justice Act 2005, Criminal Code, Bail Act 1982, and Police Administration Act 1978","Dual pathways for youth detainees requiring interpretative substitutions across 8 different categories (s 3AB)","Conditional logic for time calculation: different rules for whether time on parole counts as 'served' depending on whether sanctions regime applies (ss 13B, 14)","Specific procedural requirements for sanctions regime including written warnings, explanations to offenders, and acknowledgments (ss 5E, 5F, 13A)"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's **Parole Act 1971**, which sets up the system for releasing prisoners from jail before their full sentence ends, under supervision.\n\n**Key things it covers:**\n\n*   **The Parole Board:** Establishes a board of 18 members (including a senior lawyer as Chair, the head of corrections, police, doctors/psychologists, victim representatives, and community members) to decide who gets parole. Different sized panels hear different cases—life sentences for murder need 11 members, other prisoners need 6, and general matters need all 18.\n\n*   **Who can get parole:** Prisoners can be released after serving their \"non-parole period\" (the minimum time they must spend in jail set by the sentencing court). The Board can add conditions like where they must live, electronic monitoring, or drug testing.\n\n*   **Special rules for murderers:** People serving life sentences for murder face extra hurdles. The Board must put public safety first, consider the victim's family, and—crucially—can only grant parole if the prisoner has helped police find the victim's remains. This requires a police report on how helpful the prisoner was.\n\n*   **Sanctions regime:** Instead of automatically sending someone back to jail for breaking parole rules, the Board can use a \"sanctions matrix\" (a schedule of penalties). This allows for warnings or short jail stints for minor breaches without cancelling parole entirely.\n\n*   **What happens if parole is breached:** If someone commits a new crime while on parole, or seriously breaks their conditions, the Board or a court can revoke (cancel) their parole. They'll be arrested and sent back to jail to serve the rest of their sentence.\n\n*   **Youth detainees:** The Act also applies to young people in detention, with appropriate changes (e.g., \"prison\" becomes \"detention centre,\" \"probation officer\" becomes \"youth justice officer\").\n\n**Why it matters:**\n\nThis law balances community safety with rehabilitation. It gives the Board flexibility to manage offenders in the community while having strict mechanisms to pull them back if they misbehave. The special provisions for murderers reflect community expectations about accountability and victim closure."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been materially broadened from a basic parole-release framework into a more interventionist supervisory and enforcement regime. Key scope expansions include: the formal sanctions regime and published sanctions matrix that permit short custodial sanctions for parole breaches (ss 4C, 5F) rather than relying solely on re-sentencing or full revocation; wider use of monitoring technology and explicit monitoring conditions (s 5A(3)(b), s 5A(4)); enlargement and specification of Parole Board composition and case-specific constitutions (ss 3B, 3EB); and explicit procedures for life-sentenced murderers that require substantial weight to community protection and victim/family effects before parole and cooperation requirements (s 4B). These amendments (notably in the Parole Amendment Acts 2016, 2017 and 2021 reflected in ss 4B, 4C, 5A–5F and related transitional parts) extend the Act beyond simple supervised release toward a structured, administratively enforced compliance regime with tighter operational and surveillance features."},"complexity_factors":["Large number of defined terms in section 3 with multiple cross-references to other statutes (Correctional Services Act 2014, Sentencing Act 1995, Youth Justice Act 2005, Serious Sex Offenders Act 2013).","Multiple, distinct decision‑making roles and tiers of discretion (Chairperson, Board, Secretary, probation and parole officers, Local Court, Supreme Court).","Different Board constitutions and quorum rules depending on the matter (s 3EB, s 3F(4)) and special unanimity rule for life-for-murder parole decisions (s 3F(5)(b)).","Sanctions regime adds conditional logic: Gazette-published sanctions matrix (s 4C), mandatory procedural steps for notification and acknowledgement (s 5E), reporting obligations (s 5F(2)), Chairperson options (warning, sanction, revoke, do nothing) and court commitment mechanics (s 5F(3)–(8)).","Temporal complexity around when a parole order is taken to be revoked or cancelled (ss 5B, 5C, 5D, 11, 13B) including rules that allow revocation after parole period expiry in set circumstances.","Exclusion of natural justice for certain Board/Chairperson actions (s 3HA) creates legal complexity about procedural protections and judicial review risk.","Transitional provisions and numerous historical amendments (Parts 5–7, long endnotes) increase interpretive complexity for legacy cases and ongoing matters.","Youth detainee adaptations (s 3AB) and monitoring exceptions for youths introduce bifurcated application rules."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Establishes a Parole Board for the Northern Territory and sets out who the Board members are and how it meets (sections 3A–3F). The Chairperson is the senior legally qualified member (s 3C). The Administrator (executive) appoints many members (s 3B, 3D).\n\n- Gives the Board power to make written parole orders that release a sentenced person from custody after the non-parole period fixed by the sentencing court (s 5). A parole order is authority for release (s 5(3)).\n\n- Makes supervision and compliance conditions mandatory: every parolee must be supervised by a probation and parole officer and obey reasonable directions of that officer (s 5A(1)). Parole orders may include other conditions such as residence, monitoring by approved devices, and a condition that the sanctions regime applies (s 5A(2)–(3)). Youth detainees have special application rules (s 3AB).\n\n- Creates a sanctions regime that the Chairperson may apply by incorporating a sanctions matrix (a published schedule of short custodial sanctions for particular breaches) into a parole order (ss 4C, 5A(3)(c), 5F). If a parolee breaches conditions, the probation officer reports, the Chairperson can impose a warning, a sanction from the matrix, revoke parole or take no action (s 5F(3)). A sanction order authorises police arrest and the Local Court can commit the person to custody to serve the sanction (ss 5F(6)–(8)).\n\n- Allows the Chairperson to amend or revoke parole orders before the parole period expires, and to re-impose or alter conditions when a parolee is re-released after serving a sanction (ss 5B, 14A, 13A).\n\n- Provides that certain events during the parole period — conviction for an offence, being charged and released on conditions, or failing to comply with parole conditions — permit the Chairperson or a court to treat the parole order as revoked even after the parole period has expired, with specified timing rules for when the revocation is taken to have occurred (ss 5C, 5D).\n\n- Sets out police power to arrest parolees without a warrant in the Territory for certain breaches and to obtain interstate warrants (s 5G), and gives courts the power to cancel parole and issue warrants for commitment (ss 6–7, 8–11).\n\n- Requires procedural steps when the sanctions regime is used: parolees must be given the sanctions matrix, have the consequences explained, and acknowledge receipt (s 5E).\n\n- Excludes the rules of natural justice (procedural fairness) from certain Board or Chairperson decisions to the extent stated in the Act (s 3HA). The Board must record reasons for some decisions (s 4B(8), s 3F(7)).\n\n\n**Who is affected**\n\n- People serving sentences in the Northern Territory who have a non-parole period fixed by a court and are eligible for parole (s 5). That includes adult prisoners and, with specified adaptations, youth detainees (s 3AB).\n\n- Members of the Parole Board, the Chairperson and the Secretary (ss 3A–3K).\n\n- Probation and parole officers who supervise parolees and must report breaches (s 3R, s 5F(2)).\n\n- Police and courts, which are given arrest, warrant and commitment roles where parole is revoked or sanctions are imposed (ss 5F(7)–(8), 5G, 6–7).\n\n- Victims’ families and Indigenous communities in relation to the parole of life-sentenced prisoners for murder: the Board may invite submissions and must give substantial weight to community protection and likely effects on victims’ families and, for Indigenous prisoners identifying with a community, that community (s 4B).\n\n\n**Why it matters (purpose-claims and the mechanics that implement them)**\n\n- Stated purpose-claim: to provide a statutory system for releasing prisoners on supervised parole while protecting the community. The Act implements that by combining supervised release with enforcement tools (parole conditions, supervision, monitoring devices, a sanctions matrix, and court-ordered commitment on breach) (see ss 5, 5A, 4C, 5F, 5G, 7).\n\n- The sanctions matrix is a mechanism intended to provide a predictable, administratively quick response to breaches (s 4C, s 5F). It converts specified breaches into short custodial sanctions without re-sentencing processes, subject to a Local Court issuing a warrant of commitment after the Chairperson’s written order (s 5F(6)–(8)).\n\n\n**Costs, incentives and trade‑offs (mechanisms, not value judgements)**\n\n- Who pays: the direct fiscal costs fall on correctional services (custody for sanctions) and police and courts (arrest, hearings, warrants). The individuals affected (parolees) pay through increased supervision, monitoring and the risk of being returned to custody for breaches.\n\n- Incentives for parolees: the sanctions regime increases the expected cost of non-compliance by creating a faster path to short custodial sanctions. That changes parolees’ cost–benefit calculus about compliance (s 5F). At the same time, the law preserves that sanctions imposed do not extend the original sentence (s 5F(4)), which limits the long-run custodial penalty but not short-term custody as sanction.\n\n- Administrative burden and discretion: the Chairperson has significant powers — to amend or revoke parole (s 5B), to impose sanctions under the matrix (s 5F), and to determine Board composition for cases (s 3EB). The Board’s membership is large and appointed (s 3B), requiring appointment and administrative support (s 3K). The Chairperson must publish the sanctions matrix by Gazette notice (s 4C), and probation officers must prepare reports and explain sanctions to parolees (ss 3R, 5E). These are operational costs and require resourcing.\n\n- Compliance and legal risk: the Act excludes rules of natural justice from some Chairperson and Board actions to the extent stated (s 3HA). That narrows procedural protections for certain decisions and concentrates legal risk around whether statutory steps (such as giving reasons where required) were followed (s 4B(8), s 3F(7)).\n\n- Interaction with other laws and gaps of discretion: the Act cross-references several other statutes (Sentencing Act 1995, Correctional Services Act 2014, Youth Justice Act 2005, Serious Sex Offenders Act 2013). Those cross-references affect eligibility and monitoring powers (e.g. approved monitoring devices defined elsewhere). This creates implementation dependencies and requires coordination.\n\n\n**Concrete behavioural effects and decision‑makers**\n\n- Who decides: the Board and especially the Chairperson (ss 3C, 3EB, 5B, 5F) make key decisions on release, conditions, sanctions and revocations. The Administrator and Minister appoint members and the Secretary (ss 3B, 3D, 3K).\n\n- What behaviour changes: parolees face supervision, monitoring and a structured sanctions regime intended to deter breaches (ss 5A, 4C, 5F). Probation officers increase surveillance and reporting (s 3R); police and courts carry out arrest and commitment on Chairperson orders (ss 5G, 5F(7)–(8), 7).\n\n\n**Relevant sections to check when applying the law**\n\n- Parole release and conditions: s 5, s 5A\n- Sanctions matrix and application: ss 4C, 5E, 5F\n- Chairperson powers and Board composition: ss 3B–3F, 3EB, 5B\n- Arrest, warrants and court cancellation: ss 5G, 6–7\n- Youth detainee application and monitoring exceptions: s 3AB, s 5A(3)(b)\n- Exclusion of natural justice: s 3HA\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/parole-act-1971","history":"/api/acts/parole-act-1971/history","analysis":"/api/acts/parole-act-1971/analysis","conflicts":"/api/acts/parole-act-1971/conflicts","importantCases":"/api/acts/parole-act-1971/important-cases","documents":"/api/acts/parole-act-1971/documents"}}